April 14, 2000
David S. Touretzky
Computer Science Department & Center for the
Neural Basis of Cognition
Carnegie Mellon University
Pittsburgh, PA 15213-3891
Attn. Mirror Site Operator
Re: Tortious Interference With Amay's Contractual Relationships by
http://www.teleport.com/~schwartz/ and
http://www.cs.cmu.edu/~dst/Amway/index.html
Dear Mr. Touretzky:
Your response is disappointing. In addition to maintaining the numerous false allegations that appear on the Schwartz Web Site, your site now contains additional material that is actionable.
Amway's trademark rights are federally registered and pre-date your use of the Amway trademark. By using Amway's trademark to advertise the content of your website, you have created the liklihood of confusion, mistake or deception as to Amway's affiliation or condonation of your site. That confusion or misrepresentation is compounded by the fact that your site is accessed through various Internet search engines so that individuals looking for legitimate Amway sites are directed to yours by mistake. Your unauthorized use of the Amway trademark constitutes federal trademark infringement, unfair competition and dilution under the Lanham Act.
Again, your continued publication of this material will subject you to legal action unless you immediately remove it.
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Sincerely, [signature]
Timothy Q. Delaney |